1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A regarding the B-learning vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with CM5 vehicle (hereinafter “Defendant vehicle”).

A On August 12, 2016, 19:20, around 12.19:20, while driving the Plaintiff’s vehicle and proceeding to an intersection located in 43, 624, e.g., Suwon-dong, Suwon-dong, Busan, and passing along the intersection from the right side of the proceeding and passing through the intersection, and collision with the Defendant’s vehicle (hereinafter “instant accident

B. The detailed circumstances of the accident are as shown in the attached Form 2). C. The Defendant paid KRW 3,614,520 as medical expenses and agreement amount to D, the passenger of the Plaintiff’s vehicle, and the Plaintiff paid KRW 2,138,710 as the amount of indemnity to the Defendant. On the other hand, the indemnity dispute deliberation committee should determine the negligence of the Plaintiff’s vehicle to be 60% on the ground that “the Defendant’s vehicle is on the right side by the intersection of the instant accident, the collision between the Plaintiff’s vehicle and the left-hand side, and the negligence of the Plaintiff’s vehicle is more severe.”

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the instant accident occurred due to the overwork and the breach of duty of safe driving of the Defendant’s vehicle, and the fault of the Defendant’s vehicle is 80%. Therefore, the Defendant is obligated to return the Plaintiff’s claim for unjust enrichment (=2,138,710 won for indemnity - KRW 722,904 for reimbursement - KRW 722,904 for the portion of the Plaintiff’s reimbursement (=3,614,520 x 0.2)) out of the amount of reimbursement paid by the Plaintiff.

Judgment

All vehicles intending to enter an intersection in which the relevant legal principles are not controlled, shall not obstruct the course of other vehicles entering the intersection from other roads, but the width is wide when they intend to enter the intersection at the same time.